The legal environment contains many judgments that may be issued as final rulings, not subject to ordinary means of appeal or review. However, despite this, some judgments may include fundamental errors or be based on inaccurate facts. Here, the petition for reconsideration in UAE law appears as an exceptional tool that allows reopening the judicial file under specific and limited circumstances.

Definition of petition for reconsideration in UAE law

The petition for reconsideration in UAE law is defined as an extraordinary appeal against final judgments that have become enforceable after exhausting ordinary means of appeal such as appeal and cassation.

The UAE Civil Procedures Law regulates the petition for reconsideration in UAE law with respect to civil, commercial, personal status, and labor judgments, while the Criminal Procedures Law governs it for criminal cases. The situations in which a petition for reconsideration in UAE law may be submitted are exclusively listed under Article (171) of the UAE Civil Procedures Law.

Cases of petition for reconsideration in UAE law

Article (171) provides seven specific cases where a petition for reconsideration in UAE law can be filed:

1. Fraud by the opponent that had a major effect on the judgment.

2. Judgment issued based on forgery, whether on documents or forged testimony.

3. Emergence of decisive documents withheld or hidden by the opponent.

4. Judgment issued beyond what the parties requested.

5. Contradiction in the judgment itself.

6. Failure to include a person against whom the judgment should be binding, with proven fraud, collusion, or gross negligence by the representative.

7. Judgment issued against a person who was not properly represented.

Competent court for petition for reconsideration in UAE law

According to the Civil Procedures Law:

• The petition for reconsideration in UAE law must be submitted to the same court that issued the judgment.

• If the judgment was issued by a Court of First Instance and became final, the petition is submitted to the same court again.

• The petition is registered following the usual procedures for filing cases.

Conditions for acceptance of petition for reconsideration in UAE law

For a petition for reconsideration in UAE law to be admissible, both formal and substantive conditions must be met:

1. Formal conditions:

   • Submission within 30 days of the legally defined period for each case.

   • The petition must contain all details of the judgment and the petitioner’s requests.

   • The judgment must be final and not subject to further ordinary appeal.

   • The petition must be filed with the court that issued the judgment.

2. Substantive conditions:

   • The case must fall under the seven exclusive circumstances of Article 171.

   • The petitioner must provide the reason and evidence, such as decisive documents.

   • Acceptance leads to a re-examination of the case and the issuance of a new ruling.

Procedural steps for petition for reconsideration in UAE law

1. Preparing the petition document including the judgment details and requests.

2. Submitting the petition to the same court that issued the judgment.

3. Depositing a security amount of AED 500, which may be confiscated if the petition is rejected.

4. The court examines the petition for reconsideration in UAE law first procedurally, then substantively. If accepted, the case will be heard again and a new ruling will be issued after hearing the parties.

Read more: Petition for Reconsideration

Reasons for rejection of petition for reconsideration in UAE law

The main reasons for rejection include:

1. Submitting before the judgment becomes final.

2. Filing to a non-competent court.

3. Missing the legal deadline.

4. Not citing one of the exclusive legal cases.

5. Failure to prove the grounds for reconsideration.

6. Repetition of a previously rejected petition.

Duration of petition for reconsideration in UAE law

The general period is 30 days, but it varies depending on the case:

• In cases of fraud, from the day fraud is discovered.

• In cases of forgery, from the day it is proven or admitted.

• For withheld documents, from the day they appear.

• For judgments exceeding requests, contradictory rulings, or improper representation, from the date of notification of the judgment.

• For judgments binding on a person not included in the case, from the day fraud, collusion, or negligence is proven.

The petition for reconsideration in UAE law is a precise legal tool that reopens the door to justice in exceptional cases. To ensure success, it requires specialized legal expertise to meet all procedural and substantive conditions. For this reason, Samaha Law Firm for Legal Consultations provides clients with complete and accurate guidance regarding every detail of the petition for reconsideration in UAE law,contact us via phone or whatsapp.

The process of adding a partner in the Articles of Association of a company in the UAE is considered one of the fundamental legal procedures aligned with the growth and expansion of the company. Whether the company is a Limited Liability Company (LLC) or a Sole Proprietorship, the entry of a new partner is subject to clear legal and administrative regulations stipulated under Federal Decree-Law No. 32 of 2021 on Commercial Companies. Adding a partner in the Articles of Association of a company in the UAE is one of the most important legal amendments that companies may undergo, either during expansion or restructuring. This procedure requires precise steps, including approvals, amendment of the Articles, notarization before a notary public, and registration with the Department of Economic Development. The process of adding a partner in the Articles of Association of a company in the UAE requires a thorough legal understanding and well-defined steps to ensure compliance and prevent future disputes among partners.

Adding a partner in the Articles of Association of a company in the UAE in a Limited Liability Company (LLC)

Adding a partner in the Articles of Association of a company in the UAE in an LLC is a critical legal matter governed by Federal Decree-Law No. 32 of 2021, specifically Article 75. This step allows the company to increase its capital or attract strategic expertise, provided the following legal procedures are met:

1. Approval of existing partners holding no less than 75% of the company’s capital shares when adding a partner in the Articles of Association of a company in the UAE.

2. Amending the Articles of Association and Memorandum of Association by including the details of adding a partner in the Articles of Association of a company in the UAE, specifying the share percentage, financial contribution, and rights within the company.

3. Notarizing the amended contract before the competent notary public in the concerned Emirate.

4. Officially registering the amendment in the commercial register with the Department of Economic Development and updating the trade license.

5. Notifying official bodies such as banks, suppliers, and government entities of the amendment.

The procedures of adding a partner in the Articles of Association of a company in the UAE ensure that the new partner acquires a solid legal standing and that legal protection is provided to all parties.

Can a Partner Be Added in a Sole Proprietorship?

Yes, adding a partner in the Articles of Association of a company in the UAE is possible in a Sole Proprietorship, but this requires converting the legal entity from a Sole Proprietorship into an LLC, as stipulated under Article 71 of the Companies Law.

Procedures for Adding a Partner in the Articles of Association of a company in the UAE in a Sole Proprietorship

The process of adding a partner in the Articles of Association of a company in the UAE in a Sole Proprietorship is a vital legal step that converts the company from being owned entirely by one individual (whether a natural or legal person) into an LLC with multiple partners. The process of adding a partner in the Articles of Association of a company in the UAE is governed by Federal Decree-Law No. 32 of 2021.

According to UAE law, a Sole Proprietorship cannot continue in case of adding a partner in the Articles of Association of a company in the UAE; instead, the legal form must be amended by following these steps:

1. Drafting a new Articles of Association that includes the new partner’s details, share percentage, profit and loss distribution, and management rights.

2. Notarizing the amended contract with explicit consent from the original owner for the partner’s entry.

3. Registering the new legal form in the commercial register and converting the entity from a “Sole Proprietorship” into an “LLC.”

4. Updating the trade license, banking details, and notifications with the relevant authorities such as banks and regulatory bodies.

This change grants the company greater expansion capabilities but requires strict compliance with legal procedures to ensure proper registration and protect the interests of both new and existing partners.

Procedures for Adding a Partner in the Articles of Association of a company in the UAE in an LLC

The process of adding a partner in the Articles of Association of a company in the UAE in an LLC requires amending the Articles of Association and Memorandum of Association in accordance with Federal Decree-Law No. 32 of 2021. To execute adding a partner in the Articles of Association of a company in the UAE accurately, the following steps must be observed:

• Obtaining Partner Approval: The law requires approval from partners holding no less than 75% of total capital shares when adding a partner in the Articles of Association of a company in the UAE.

• Drafting an Amended Articles of Association: The amended contract must include the new partner’s information, capital contribution, profit/loss distribution, and any changes in management or legal representation.

• Notarizing the Contract: The amended Articles must be signed by all partners and notarized before the competent notary public to ensure legal validity.

• Registering the Amendment: The amended contract must be submitted to the Department of Economic Development to update the commercial register and trade license, securing the new partner’s legal status.

• Updating Official Records: All relevant entities, including banks, suppliers, government bodies, and insurance institutions, must be notified of the structural changes following adding a partner in the Articles of Association of a company in the UAE.

Legal Timeline for Registration

The amendment for adding a partner in the Articles of Association of a company in the UAE must be registered with the Department of Economic Development within 15 days of signing and official notarization.

Is Unanimous Approval Required?

No, unanimous approval is not mandatory. The law requires the consent of partners holding at least 75% of the company’s capital shares for adding a partner in the Articles of Association of a company in the UAE, unless a higher threshold is specified in the Articles of Association.

Conclusion

Adding a partner in the Articles of Association of a company in the UAE is a detailed legal procedure that requires full compliance with applicable laws and regulations. Whether your company is a Sole Proprietorship or an LLC, any modification in ownership structure must be carried out through an official process that guarantees the protection of all rights, consult a specialized law firm such as Samaha Law Firm for Legal Consultations, contact us via phone or whatsapp.

To guarantee the rights of the wife, especially in matters related to appealing a spousal alimony judgment in UAE law, the new Personal Status Law in the UAE has introduced fundamental updates, such as Law No. 41 of 2024. To achieve the best results in this regard, the role of a specialized lawyer is crucial, such as Samaha Law Firm for Legal Consultations, which has long specialized in such matters, particularly in appealing a spousal alimony judgment in UAE law.

What is the concept of appealing a spousal alimony judgment in UAE law ?

Appealing a spousal alimony judgment in UAE law is the legal procedure that allows either spouse to challenge the judgment issued by the Family Court if they consider it unfair or inconsistent with the factual circumstances. According to Law No. 41 of 2024, the appeal can be filed within 30 days from the issuance or notification of the judgment. This right ensures the case is reconsidered before a higher judicial authority.

When can you file for appealing a spousal alimony judgment in UAE law ?

The new UAE Personal Status Law No. 41 of 2024 sets a clear timeframe of 30 days from the official notification or receipt of the judgment. Appealing a spousal alimony judgment in UAE law is only accepted if the following conditions are met:

1. Respecting the legal timeframe of 30 days from the issuance of the judgment.

2. Presenting objective reasons for appeal, such as miscalculation of alimony or overlooking essential expenses.

3. Submitting official documents and evidence to support these reasons.

4. Following the formal procedures outlined in the Civil Procedures Law when submitting appealing a spousal alimony judgment in UAE law.

What are the procedures for appealing a spousal alimony judgment in UAE law ?

To avoid rejection, it is essential to follow the proper legal sequence:

1. Obtain an official copy of the family court ruling.

2. Prepare the appeal memorandum, including party details and reasons backed with evidence.

3. File the memorandum within the legal 30-day period.

4. Pay the required court fees.

5. Attend hearings and present arguments through a specialized lawyer for a professional presentation.

Common reasons for appealing a spousal alimony judgment in UAE law

The new law states that alimony can be amended or canceled under justified circumstances. Common reasons for appealing a spousal alimony judgment in UAE law include:

• Errors in assessing the husband’s income or financial capacity.

• Changes in living or economic conditions of either party.

• Discovery of new evidence or documents not presented in the original trial.

• Ignoring legitimate expenses or essential obligations in calculating alimony.

Required documents for appealing a spousal alimony judgment in UAE law

According to Law No. 41 of 2024, the appellant must prepare a complete file supporting their case, including:

1. An official copy of the initial alimony judgment.

2. The appeal memorandum with reasons and demands.

3. Financial documents such as bank statements or recent salary certificates proving ability or inability to pay.

4. Documents proving changed circumstances, e.g., rental contracts, monthly expenses, or medical reports.

5. Proof of notification or delivery of the judgment to calculate the 30-day deadline.

6. Properly prepared documents to increase the chances of acceptance.

Difference between appealing a spousal alimony judgment in UAE law and a request for amendment

The distinction lies in timing and purpose:

• Appealing a spousal alimony judgment in UAE law must be filed within 30 days of the ruling to review the entire judgment before a higher authority.

• An amendment request can be submitted anytime after the ruling if there are significant changes in financial or social conditions.

Duration of cases for appealing a spousal alimony judgment in UAE law

Typically, cases of appealing a spousal alimony judgment in UAE law take between two to six months, depending on the complexity and evidence. In certain cases, temporary suspension of enforcement can be requested until the appeal is decided to prevent irreparable harm.

When do you need a specialized lawyer for appealing a spousal alimony judgment in UAE law ?

With the new legal amendments, the role of a lawyer remains essential in appealing a spousal alimony judgment in UAE law. The lawyer ensures:

1. Drafting a precise and strong appeal memorandum.

2. Submitting the supporting evidence and documents.

3. Representing the client effectively before the court.
   For the best outcomes, you can rely on Samaha Law Firm for Legal Consultations, where top lawyers provide expert support.

Can you appeal if the spousal alimony judgment was issued in absentia ?

Yes, it is possible to file for appealing a spousal alimony judgment in UAE law if the ruling was issued in absentia. The 30-day period begins from the official notification or service of the judgment.

Can the wife file for appealing a spousal alimony judgment in UAE law to request increased alimony ?

Yes, the wife can file for appealing a spousal alimony judgment in UAE law to increase alimony if she proves her need or presents evidence of changed living circumstances.

What is the difference between temporary and final alimony ?

Temporary alimony is paid during the trial process, while final alimony is determined in the conclusive judgment.

Is appealing a spousal alimony judgment in UAE law reviewed by the same court ?

No, appealing a spousal alimony judgment in UAE law is reviewed before the Court of Appeal, not the same trial court.

consult a specialized law firm such as Samaha Law Firm for Legal Consultations, contact us via phone or whatsapp.

In the modern era, the internet and technology have become an inseparable part of daily life, which exposes us to multiple and new types of cybercrimes. For this reason, the UAE Cybercrime Law has established specific legislations to regulate such crimes. Despite the numerous benefits offered by these technologies, they also create new challenges in the field of digital security. This is why the UAE issued the updated UAE Cybercrime Law under Federal Decree-Law No. 34 of 2021.

What is the UAE Cybercrime Law at Samaha Law Firm for Legal Consultations?

Federal Decree-Law No. 34 of 2021 concerning the UAE Cybercrime Law is the most recent legislation aimed at combating crimes that occur via the internet or through modern digital technologies. This law obligates individuals, institutions, and entities to respect digital systems and penalizes any unlawful behavior in the digital sphere under the UAE Cybercrime Law. It is part of the continuous efforts to protect individuals and institutions from cyber threats that are constantly increasing. For legal consultation, you can contact Samaha Law Firm for Legal Consultations regarding the UAE Cybercrime Law.Contact us via WhatsApp

What are the objectives and impacts of the UAE Cybercrime Law?

The UAE Cybercrime Law, Federal Decree-Law No. 34 of 2021, aims to achieve essential objectives that guarantee the safety of the digital community, including:

• Protecting Individuals

  The UAE Cybercrime Law provides legal protection against cyberattacks such as fraud, defamation, and various forms of blackmail. With Samaha Law Firm for Legal Consultations, you can ensure the best outcomes within the framework of the UAE Cybercrime Law.

• Protecting Institutions

  The UAE Cybercrime Law offers safeguards for businesses and organizations against threats such as data theft and hacking. Through Samaha Law Firm for Legal Consultations, institutions can obtain the maximum legal protection under the UAE Cybercrime Law.

• Enhancing Digital Security

  The UAE Cybercrime Law enforces restrictions on behaviors that threaten digital security, thereby boosting trust in the digital environment.

• International Cooperation

  The UAE Cybercrime Law promotes cooperation with international bodies to combat cross-border cybercrimes, an essential factor in addressing global cyber threats..

Contact us via WhatsApp

What types of crimes are covered under the UAE Cybercrime Law?

Federal Decree-Law No. 34 of 2021 identifies many offenses punishable under the UAE Cybercrime Law, such as:

• Hacking

  Unauthorized access to systems or networks to retrieve private data or penetrate secured systems.

• Electronic Fraud

  Using digital means to deceive individuals or institutions to gain money or personal data.

• Online Defamation

  Publishing false information or images intended to damage reputations.

• Cyber Blackmail

  Threatening to publish private information in exchange for money or services.

• Electronic Surveillance

  Listening to or monitoring private conversations without prior authorization.

What are the penalties under the UAE Cybercrime Law?

The UAE Cybercrime Law, Federal Decree-Law No. 34 of 2021, imposes severe penalties for committing cybercrimes. These vary depending on the crime and its aggravated circumstances, with punishments including imprisonment, fines, or both.

• Imprisonment can range from a minimum of six months to life imprisonment, particularly if the crime involves creating a website to spread content aimed at destabilizing the government or disrupting constitutional provisions.

Read more: The Best Law Firm in Dubai

Case Precedents under the UAE Cybercrime Law

Courts in the UAE have ruled on many cases involving cybercrimes, relying on the UAE Cybercrime Law. Examples include:

• Fraud Case

  Defendants were sentenced to several years in prison and fined heavily after deceiving individuals through fraudulent online platforms.

• Blackmail Case

  The court sentenced defendants to five years in prison for extorting individuals with compromising images online.

• Electronic Surveillance Case

  Convictions with lengthy prison terms were handed down for spying on private conversations without authorization.

Can a legal complaint be filed under the UAE Cybercrime Law?

Yes. Victims can file complaints through competent authorities such as the cyber police or the Ministry of Interior under the UAE Cybercrime Law. With the support of Samaha Law Firm for Legal Consultations, you can ensure your complaint is processed lawfully and effectively.

What is the Security Service number for reporting cybercrimes?

Under the UAE Cybercrime Law, complaints can be reported via the toll-free number 8002626 or by sending an SMS to 2828.

What are the most common cybercrimes in the UAE?

The most frequent offenses include hacking, fraud, blackmail, and online abuse.

Read more: The Best Civil Lawyer In UAE

Conclusion

The UAE Cybercrime Law, Federal Decree-Law No. 34 of 2021, represents a firm step in protecting individuals and society from cybercrimes in the UAE. Through strict penalties, the UAE Cybercrime Law enhances digital security and provides a safe digital environment for the community. For specialized criminal legal consultations, you can reach out to Samaha Law Firm for Legal Consultations, where a team of expert lawyers is always ready to assist, Contact us via WhatsApp

A Dissolution of Marriage Contract in the UAE is a legal procedure that terminates the marital relationship for legitimate or legal reasons that prevent its continuation. It is regulated under the UAE Personal Status Law and is filed before the competent Family Courts.
There is a difference between dissolution and divorce; dissolution occurs when there are reasons that affect the validity of the contract itself or prevent its continuation, while divorce is a termination of the relationship despite the validity of the contract. If you need legal consultation, you can contact us at Samaha Law Firm for Legal Consultations.

What are the reasons for a Dissolution of Marriage Contract in the UAE?

The law provides several reasons for filing a Dissolution of Marriage Contract in the UAE, including:

1. Hidden defects such as infertility or contagious diseases that one spouse conceals from the other.

2. Harm inflicted on one spouse, whether psychological or physical.

3. Avoidance of financial responsibility, such as failing to provide household expenses for long periods without justification.

4. Concealing essential facts during the contract’s conclusion.

5. Any other reason deemed by the court to make it impossible for the marriage to continue.

Conditions for accepting a Dissolution of Marriage Contract in the UAE

For the court to accept a Dissolution of Marriage Contract in the UAE, the following conditions must be met:

1. Valid and significant reasons must be presented that make marriage continuation impossible.

2. The claim must be filed within the legally specified time limit depending on the cause.

3. Evidence, documents, or witness testimony must be provided to prove the claim.

To complete the procedures for a Dissolution of Marriage Contract in the UAE, it is always advisable to seek a specialized law office such as Samaha Law Firm for Legal Consultations, contact us via phone or whatsapp.

Reade more; Types of divorce in the UAE

What are the procedures for filing a Dissolution of Marriage Contract in the UAE?

The procedures for a Dissolution of Marriage Contract in the UAE include:

1. Appointing a specialized lawyer, such as Samaha Law Firm for Legal Consultations, to begin drafting the claim statement, which must include all required details and specify the reason for requesting a Dissolution of Marriage Contract in the UAE.

2. Submitting the claim to the Family Guidance Committee, which calls both spouses for a reconciliation session.

3. If reconciliation fails, the case is transferred to the competent court.

4. The court registers the case and notifies the parties to attend hearings.

5. The claimant must present all necessary evidence to prove the grounds for the Dissolution of Marriage Contract in the UAE.

What is the format of a Dissolution of Marriage Contract in the UAE claim?

If you need to file a Dissolution of Marriage Contract in the UAE, you should seek help from a specialized lawyer like Samaha Law Firm for Legal Consultations. The legal draft must be precise and professional. It usually includes:

• Full details of both spouses (name, nationality, ID number, address, date and place of marriage, and marriage certificate number).

• A clear request for the dissolution along with supporting evidence and documents.

Samaha Law Firm for Legal Consultations ensures that your claim is prepared professionally, protecting your legal rights and increasing the chances of court acceptance.contact us via phone or whatsapp.

Read more: Marriage Contracts in the UAE

Judicial precedents in Dissolution of Marriage Contract in the UAE

There are several precedents of Dissolution of Marriage Contract in the UAE, proving the strength of the UAE judicial system in handling family law cases.
For instance, the court granted a Dissolution of Marriage Contract in the UAE after a husband failed to provide his wife with an independent marital home, despite this condition being stated in the marriage contract.

When can a wife request a Dissolution of Marriage Contract in the UAE for non-payment of dowry?

A wife cannot request a Dissolution of Marriage Contract in the UAE for non-payment of dowry if consummation has already taken place. In such cases, the unpaid dowry remains a debt on the husband. However, if the marriage was not consummated, and the husband has no apparent financial means, the wife may file a case for dissolution.

Conditions for a Dissolution of Marriage Contract in the UAE due to the husband’s absence

If a Dissolution of Marriage Contract in the UAE is requested due to the husband’s absence, the court will not rule for separation without first issuing a formal notice to the husband, granting him up to one year to either return to his wife, move her to him, or divorce her.

A Dissolution of Marriage Contract in the UAE is therefore a legal remedy designed to protect the rights of both spouses when continuation of the marriage becomes impossible. To safeguard your rights and ensure a successful claim, consult a specialized law firm such as Samaha Law Firm for Legal Consultations, contact us via phone or whatsapp.

The issue of debtor insolvency under UAE law is considered one of the most important and widespread topics directly related to the rights of both creditors and debtors. Given the importance of protecting rights and maintaining balance between parties, Federal Law No. (19) of 2019 on Insolvency of the Debtor under UAE law set out a clear mechanism for managing the debts of an insolvent debtor, protecting his assets from unfair enforcement, while enabling creditors to obtain their dues through fair and transparent procedures.

What is the Definition of Debtor Insolvency under UAE Law ?

Federal Law No. (19) of 2019 concerning debtor insolvency under UAE law defines insolvency as a legal status determined by the court when a natural person (i.e., an individual and not a company) is unable to pay his debts when due because his funds and assets are insufficient.

Debtor insolvency under UAE law can be described as a legal protection procedure for the debtor, allowing him to reorganize and settle his debts fairly and equitably under court supervision, ensuring his assets are not wasted or subjected to excessive legal pursuit. This process can be facilitated with the help of a specialized law firm, such as Samaha Law Firm for Legal Consultations.

Through debtor insolvency under UAE law, the debtor is given a chance to reorganize his financial affairs from the beginning and set a plan to eliminate his debts in coordination with creditors in a way that safeguards the interests of both parties under UAE law.

Therefore, if you are in need of consultation, it is advisable to contact a specialized law firm such as Samaha Law Firm for Legal Consultations.

Legal Conditions for Declaring Debtor Insolvency under UAE Law

Federal Law No. (19) of 2019 specified the conditions that must be met for a debtor to apply for insolvency under UAE law and obtain the necessary legal protection. The key conditions are as follows:

1. The debtor must be a natural person residing in the UAE; this law does not apply to companies or legal entities.

2. The debtor must prove his inability to pay debts on time due to insufficiency of his assets or current income.

3. The debtor must act in good faith, not attempting to harm creditors, hide assets, or transfer funds to evade payment.

4. The debtor must not have been convicted by a final court judgment for fraud, breach of trust, or forgery related to debts, as this disqualifies him from legal protection.

These conditions reflect the UAE legislator’s intention to balance protecting the distressed debtor and the interests of creditors, while preventing misuse of insolvency procedures. It is therefore best to consult a specialized office such as Samaha Law Firm for Legal Consultations before submitting the application.

What are the Procedures for Filing Debtor Insolvency under UAE Law?

The law sets clear and specific steps for filing a debtor insolvency application with the competent court. With the help of a specialized firm such as Samaha Law Firm for Legal Consultations, the steps are:

1. Preparing and submitting the insolvency application

   The debtor submits a written insolvency request to the competent court, explaining reasons for inability to pay debts, details of debts, and his current financial status.

2. Attaching supporting documents

   The application must be accompanied by evidence such as bank statements, a detailed list of debts and creditors, income and expense statements, and any other supporting documents.

3. Appointment of a financial expert

   The court appoints a financial expert to assess the debtor’s financial situation and prepare a detailed report on assets, liabilities, and reasons for financial distress.

4. Preparation of a debt settlement plan

   Based on the expert’s report, a fair and equitable debt settlement plan is developed that considers the debtor’s financial capacity.

5. Court judgment declaring insolvency

   After reviewing the expert’s report and settlement plan, the court issues a judgment declaring insolvency, granting the debtor legal protection from enforcement and implementing the settlement plan under judicial supervision.

Following these procedures carefully allows the debtor to fully benefit from the legal protection of UAE insolvency law while ensuring creditors’ rights. Thus, it is always advisable to seek help from a specialized lawyer, such as those at Samaha Law Firm for Legal Consultations, to prepare and follow up on the application.

Legal Effects of Debtor Insolvency under UAE Law

A court judgment declaring insolvency produces several legal effects designed to protect the debtor from arbitrary legal actions and to guarantee creditor rights within a fair settlement plan. Key effects include:

1. Suspension of all enforcement actions

   All enforcement judgments and claims against the debtor are immediately suspended, preventing creditors from taking individual action to recover debts.

2. Court supervision over the debtor’s assets

   The debtor’s disposal of assets becomes subject to court approval; assets cannot be sold or mortgaged outside of the settlement plan or without judicial permission.

3. Debt settlement plan

   The court prepares a settlement plan with creditor coordination under UAE law, ensuring fairness for both parties.

4. Protection of minimum living needs

   The debtor retains essential rights and may keep a specified amount of money to cover necessary living expenses for himself and his family.

5. Continuation of ongoing lawsuits

   Enforcement proceedings are suspended, but other substantive cases may continue with consideration of the debtor’s new insolvent status.

Role of the Lawyer in Debtor Insolvency under UAE Law

A lawyer plays a vital role in debtor insolvency cases under UAE law by assisting the debtor through this complex legal stage. The lawyer’s role includes:

1. Providing legal advice to assess eligibility for debtor insolvency under UAE law.

2. Preparing and drafting the insolvency application and its supporting documents properly.

3. Representing the debtor before the court and protecting his interests.

4. Negotiating with creditors to prepare a balanced settlement plan.

5. Following up on the settlement’s implementation and supervising procedures until completion.

Debtor insolvency under UAE law is not the end of the road but rather a legal procedure that gives the debtor a chance to reorganize financial affairs, settle debts systematically, and protect assets from unfair seizure.

Consulting a specialized office such as Samaha Law Firm for Legal Consultations is a crucial step to secure your legal rights and ensure proper compliance with procedures.

Divorced Women Marrying Without a Guardian in the UAE, A divorced woman in the UAE has a distinct legal status, as UAE law explicitly guarantees her rights. With recent legislative updates, it has become easier for a divorced woman to marry without a guardian, subject to specific legal controls. If you need legal advice on this matter, you can contact Samaha Legal Consultancy.

Marrying Without a Guardian

Following the issuance of the new Personal Status Law, the UAE has moved towards updating its laws to align with social changes while maintaining religious and civil safeguards for marriage.

One of the most common questions we receive at Samaha Consultancy is: “Is a divorced woman allowed to marry without a guardian in the UAE?”

To answer this, it’s essential to understand the different types of marriage:

• Religious (Sharia) Marriage in the UAE: This type of marriage is for Muslim citizens and residents and is based on the provisions of Islamic Sharia. In most cases, a divorced woman cannot marry without a guardian unless she is a non-citizen Muslim whose nationality’s laws do not require a guardian for marriage. If the woman’s guardian is absent, the judge of the Personal Status Court acts as her guardian to complete the marriage contract.
• Civil Marriage in the UAE: This is a marriage contract documented before civil judicial authorities based on civil, not religious, laws. A non-Muslim woman or a Muslim woman whose nationality’s laws permit her to marry without a guardian can do so, provided she meets the legal conditions. A key condition for a divorced woman to marry without a guardian is reaching the legal age of 21. At this age or older, she has the right to complete the marriage contract herself without the need for a guardian’s presence or approval.
• Once full consent is established and the marriage is officially registered, the approval of any other person is not required. If the divorced woman is not of legal age, she is considered a minor and does not have the freedom to marry directly without a guardian. In this case, a legal guardian is essential, along with court approval, to protect her best interests.

Conditions for a Divorced Woman to Marry Without a Guardian

With the evolution of UAE legislation, particularly under the new Personal Status Law, a divorced woman can marry without a guardian in certain circumstances. However, several legal conditions must be met to ensure the contract’s validity and protect her rights: Request to Release a Prisoner in the UAE

• Legal Age of Majority: Both parties to the marriage must be at least 21 years old at the time of the contract.
• Full Consent: The marriage must be based on the full consent of both the man and the woman, without any external pressure, coercion, or duress.
• Absence of Legal Impediments: There must be no legal or Sharia impediments to the marriage, such as:
  • Prohibited kinship by blood, fosterage, or marriage.
  • Difference in religion (in certain cases, according to the legal school of thought of the parties and the nature of the marriage).
• Official Documentation: A verbal or common-law agreement is not sufficient. The marriage contract must be officially registered with the competent court or an accredited marriage platform in the country.
• Proof of Mental Capacity: Both the groom and bride must have the mental capacity to enter into the contract, meaning neither suffers from a condition that impairs their ability to make a sound decision or express their will.

For Emirati citizens, even when a guardian is not required, special provisions of Islamic Sharia must be observed regarding the marriage contract procedures.

Common-Law Marriage for Divorced Women

A common-law marriage is a contract between two parties that is not officially registered with a court or competent authority. It may or may not be conducted in the presence of witnesses, and it is generally not legally recognized.

UAE law does not officially recognize unregistered common-law marriages. This means they have no legal standing before the judiciary and do not grant legal rights such as paternity, financial rights, or inheritance.

The Role of Samaha Legal Consultancy

With the legal developments in the UAE, marriage procedures require high legal expertise to ensure the validity of contracts and the safety of procedures, especially in cases of divorced women marrying without a guardian.Annulment Lawsuit in UAE

Samaha Legal Consultancy provides integrated and distinguished services for these cases, helping divorced women complete their marriage contracts safely and in accordance with applicable laws. Our services include:

• Providing Specialized Legal Consultations: Our lawyers offer precise legal advice tailored to each case, clarifying the divorced woman’s rights and the procedures for her marriage without a guardian according to the Personal Status Law.
• Preparing Required Documents: We assist our clients in preparing all necessary documents for the marriage contract, such as ID cards, passports, proof of marital status (divorce certificate), proof of legal age, and no-objection certificates if required.
• Following Up on the Contract with the Court: Our lawyers handle the following:
  • Scheduling official marriage sessions.
  • Attending with the client to represent and support her during the contract signing.
  • Ensuring all legal conditions are met and the marriage is officially documented correctly.
• Ensuring the Protection of the Divorced Woman’s Rights After Marriage: We make sure all rights are secured in the marriage contract, such as spousal financial support, shared financial rights, and arrangements for children (if any) in accordance with the law.
• Post-Marriage Follow-up: Our role does not end with the contract. We follow up on:
  • Obtaining official copies of the marriage contract.The Public Prosecution Lawsuit in the UAE
  • Registering the marriage with the relevant government bodies.
  • Correcting any procedural errors to ensure a sound legal record of the marriage.

Marrying without a guardian in the UAE has become clearer and more straightforward due to recent legal amendments. It is crucial to ensure the contract’s validity and swift completion